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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Functions, duties, and powers of territorial authorities generally

217: Access to certain information kept by territorial authority

You could also call this:

“You can ask to see certain building information held by your local council, but some details might be kept secret.”

You have the right to access certain information kept by the local council. This includes the information mentioned in section 216(1) and (2). If you ask, the council must let you see this information during their normal office hours.

However, there are some limits to this right. The council can refuse to show you some information if they’re allowed to under the Local Government Official Information and Meetings Act 1987. Also, you can’t see plans or specifications that are marked as confidential by the person who submitted them, the building owner, or any later owners of the building. This might happen if the owner wants to keep the building secure.

There might also be other limits set by the rules.

If you want to see the information, the council must let you make photocopies. They can charge you a reasonable fee for using the photocopier. This rule about photocopying is affected by section 44A of the Local Government Official Information and Meetings Act 1987.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307860.

Topics:

Housing and property > Home safety and repairs

Government and voting > Local councils

Rights and equality > Privacy

216: Territorial authority must keep information about buildings, or

“ The local council must keep and share important information about buildings in your area ”

218: Territorial authority must provide information to chief executive for purpose of facilitating performance of chief executive's function under sections 169 and 169A, or

“Local councils must share building information with the government to help keep track of building trends and earthquake-prone buildings.”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Functions, duties, and powers of territorial authorities generally

217Access to certain information kept by territorial authority

A person—
has a right to access the information referred to in section 216(1) and (2); and
must, on request, be given access to that information by the territorial authority during ordinary office hours.

The right conferred by subsection (1)—
is subject to the power of a territorial authority to withhold information under the provisions of the Local Government Official Information and Meetings Act 1987; and
does not extend to a plan or specification that is marked confidential by any or all of the following persons for the reason set out in subsection (3):
1. the person who submitted the plan or specification:
2. the owner of the building to which the plan or specification relates:
3. any subsequent owner of that building; and
is subject to any prescribed limits.

The reason referred to in subsection (2)(b) is any requirement of the owner of the building relating to the security of the building.
A territorial authority—
must make photocopying facilities available to persons who wish to access information under subsection (1); and
may charge a reasonable fee for the use of those facilities.

Subsection (4) is subject to section 44A of the Local Government Official Information and Meetings Act 1987.

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Notes

Section 217(2)(a): replaced, on 28 November 2013, by section 54 of the Building Amendment Act 2013 (2013 No 100).